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Bringing-Them-Home-Report-Web

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were placed with non-Aboriginal foster parents and 51% had been in a long-termplacement for four or more years. Just over one-third (37%) of the children in non-Aboriginal foster care were experiencing some negative or bad feelings about theirAboriginality whereas two-thirds (65%) of non-Aboriginal foster parents did not perceiveracism as an important problem for their foster child (SA Aboriginal Child Care AgencyForum Inc 1988 pages 9, 10 and 17).South Australia is still lagging behind national rates in the utilisation of Indigenouscarers for Indigenous children in out-of-home care. Only 67% of children in such carewere placed with Indigenous carers (Government Service Provision 1997 page 554).Northern TerritoryLike the NSW legislation, the NT Community Welfare Act 1983 includes apresumption in favour of the ACPP. Section 69 obliges the Minister to ensure that everyeffort is made to place the child within his or her extended family. If this placementcannot be arranged to the Minister’s satisfaction, placement with Aboriginal people whohave the correct relationship with the child in accordance with customary law is thesecond preference.Alternatives may be considered only where a placement according to either of thesepreferences would endanger the welfare of the child. At this stage the child’s parents,other people with responsibility for the child’s welfare under customary law andAboriginal welfare organisations as are appropriate in the case of the particular childmust be consulted. The aim is to find a placement that is in the best interests of thewelfare of the child. In addition to consultations, the department must take the followingfactors into consideration in selecting a placement,• preference for custody of the child by Aboriginal persons who are suitable in theopinion of the Minister,• placement of the child in geographical proximity of the family or other relatives ofthe child who have an interest in, and responsibility for, the welfare of the child, and• undertakings by the persons having the custody of the child to encourage andfacilitate the maintenance of contact between the child and the child’s own kin andculture.The NT welfare department requires workers to apply the ACPP in all cases and toprioritise cultural continuity. The Act further obliges the Minister to provide support andassistance to Aboriginal communities and organisations for the welfare of Aboriginalchildren and families, including the training and employment of Aboriginal welfareworkers (section 68). However, no powers or functions under the Act are delegated toAboriginal organisations. The final decision about placements rests with the welfaredepartment alone.The ACPP has been legislatively recognised for over a decade in the NT. It is thejurisdiction with the lowest level of over-representation of Aboriginal children insubstitute care.

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